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SF 889

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/14/2013 08:21am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to natural resources; modifying commissioner's authority; modifying
1.3snowmobile registration; extending Matthew Lourey Trail; modifying certain
1.4fees; creating certain state park permit exemptions; providing for duplicate
1.5cross-country ski pass; providing for wildlife rehabilitation permit exemption;
1.6modifying existing rulemaking; requiring rulemaking;amending Minnesota
1.7Statutes 2012, sections 84.027, by adding a subdivision; 84.82, subdivision 3, by
1.8adding a subdivision; 84.8205, subdivision 1; 85.015, subdivision 13; 85.053,
1.9subdivision 8; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.42;
1.1097A.401, subdivision 3; 116G.15, subdivision 7; Laws 2007, chapter 57, article
1.111, section 4, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13    Section 1. Minnesota Statutes 2012, section 84.027, is amended by adding a
1.14subdivision to read:
1.15    Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
1.16the commissioner may establish, by written order, policies for the use and operation of
1.17other power-driven mobility devices, as defined under Code of Federal Regulations, title
1.1828, section 35.104, on lands and in facilities administered by the commissioner for the
1.19purposes of implementing the Americans with Disabilities Act, United States Code, title
1.2042, section 12101 et seq. These policies are exempt from the rulemaking provisions of
1.21chapter 14 and section 14.386 does not apply.

1.22    Sec. 2. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
1.23read:
1.24    Subd. 2a. Nontrail use registration. A snowmobile may be registered for nontrail
1.25use. A snowmobile registered under this subdivision may not be operated on a state or
1.26grant-in-aid snowmobile trail. The fee for a nontrail use registration is $45 for three years.
2.1A nontrail use registration is not transferable. In addition to other penalties prescribed by
2.2law, the penalty for violation of this subdivision is immediate revocation of the nontrail
2.3use registration.

2.4    Sec. 3. Minnesota Statutes 2012, section 84.82, subdivision 3, is amended to read:
2.5    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile,
2.6other than those used for an agricultural purpose, as defined in section 84.92, subdivision
2.71c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c), or
2.8those registered under subdivision 2a shall be as follows: $75 for three years and $10
2.9for a duplicate or transfer.
2.10(b) The total registration fee for all snowmobiles owned by a dealer and operated for
2.11demonstration or testing purposes shall be $50 per year.
2.12(c) The total registration fee for all snowmobiles owned by a manufacturer and
2.13operated for research, testing, experimentation, or demonstration purposes shall be $150
2.14per year. Dealer and manufacturer registrations are not transferable.
2.15(d) The onetime fee for registration of an exempt snowmobile under subdivision
2.166a is $6.

2.17    Sec. 4. Minnesota Statutes 2012, section 84.8205, subdivision 1, is amended to read:
2.18    Subdivision 1. Sticker required; fee. (a) A snowmobile that is not registered
2.19in the state under section 84.82, subdivision 3, paragraph (a), or that is registered by a
2.20manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may
2.21not be operated on a state or grant-in-aid snowmobile trail unless a snowmobile state
2.22trail sticker is affixed to the snowmobile.
2.23(b) The commissioner of natural resources shall issue a sticker upon application
2.24and payment of a fee. The fee is:
2.25(1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and
2.26(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
2.27manufacturer.
2.28(c) In addition to other penalties prescribed by law, an individual in violation of
2.29this subdivision must purchase an annual state trail sticker for a fee of $70. The sticker
2.30is valid from November 1 through June 30. Fees collected under this section, except for
2.31the issuing fee for licensing agents, shall be deposited in the state treasury and credited
2.32to the snowmobile trails and enforcement account in the natural resources fund and,
2.33except for the electronic licensing system commission established by the commissioner
3.1under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
3.2grooming, and easement acquisition.
3.3    (d) A state trail sticker is not required under this section for:
3.4    (1) a snowmobile that is owned and used by the United States, an Indian tribal
3.5government, another state, or a political subdivision thereof that is exempt from
3.6registration under section 84.82, subdivision 6;
3.7    (2) a collector snowmobile that is operated as provided in a special permit issued for
3.8the collector snowmobile under section 84.82, subdivision 7a;
3.9    (3) a person operating a snowmobile only on the portion of a trail that is owned by
3.10the person or the person's spouse, child, or parent; or
3.11    (4) a snowmobile while being used to groom a state or grant-in-aid trail.

3.12    Sec. 5. Minnesota Statutes 2012, section 85.015, subdivision 13, is amended to read:
3.13    Subd. 13. Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton,
3.14Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St.
3.15Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
3.16McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
3.17Itasca County and there terminate;
3.18(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
3.19and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
3.20Marais in Cook County, thence northeasterly to the international boundary in the vicinity
3.21of the north shore of Lake Superior, and there terminate;
3.22(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
3.23in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
3.24to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
3.25Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
3.26Louis County to International Falls in Koochiching County, and there terminate;
3.27(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and
3.28extend southerly to St. Croix Chengwatana State Forest in Pine County.
3.29(b) The trails shall be developed primarily for riding and hiking.
3.30(c) In addition to the authority granted in subdivision 1, lands and interests in lands
3.31for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
3.32any land or interest in land by eminent domain the commissioner of administration shall
3.33obtain the approval of the governor. The governor shall consult with the Legislative
3.34Advisory Commission before granting approval. Recommendations of the Legislative
4.1Advisory Commission shall be advisory only. Failure or refusal of the commission to
4.2make a recommendation shall be deemed a negative recommendation.

4.3    Sec. 6. Minnesota Statutes 2012, section 85.053, subdivision 8, is amended to read:
4.4    Subd. 8. Military personnel on leave; exemption. (a) A one-day permit, under
4.5subdivision 4, shall be issued without a fee for a motor vehicle being used by a person
4.6who is serving in active military service in any branch or unit of the United States armed
4.7forces and who is stationed outside Minnesota, during the period of active service and for
4.890 days immediately thereafter, if the person presents the person's current military orders
4.9to the park attendant on duty or other designee of the commissioner.
4.10    (b) For purposes of this section, "active service" has the meaning given under section
4.11190.05 , subdivision 5c, when performed outside Minnesota.
4.12(c) A permit is not required for a motor vehicle being used by military personnel or
4.13their dependents that have in their possession the Annual Pass for US Military and Their
4.14Dependents issued by the federal government for access to federal recreation sites.

4.15    Sec. 7. Minnesota Statutes 2012, section 85.054, is amended by adding a subdivision
4.16to read:
4.17    Subd. 18. La Salle Lake State Recreation Area. A state park permit is not
4.18required and a fee may not be charged for motor vehicle entry, use, or parking in La Salle
4.19Lake State Recreation Area unless the occupants of the vehicle enter, use, or park in a
4.20developed campground or day-use area.

4.21    Sec. 8. Minnesota Statutes 2012, section 85.055, subdivision 1, is amended to read:
4.22    Subdivision 1. Fees. The fee for state park permits for:
4.23(1) an annual use of state parks is $25;
4.24(2) a second or subsequent vehicle state park permit is $18;
4.25(3) a state park permit valid for one day is $5;
4.26(4) a daily vehicle state park permit for groups is $3;
4.27(5) an annual permit for motorcycles is $20;
4.28(6) an employee's state park permit is without charge; and
4.29(7) a state park permit for disabled persons with disabilities under section 85.053,
4.30subdivision 7
, clauses (1) and (2) to (3), is $12.
4.31The fees specified in this subdivision include any sales tax required by state law.

5.1    Sec. 9. Minnesota Statutes 2012, section 85.42, is amended to read:
5.285.42 USER FEE; VALIDITY.
5.3(a) The fee for an annual cross-country ski pass is $19 for an individual age 16 and
5.4over. The fee for a three-year pass is $54 for an individual age 16 and over. This fee
5.5shall be collected at the time the pass is purchased. Three-year passes are valid for three
5.6years beginning the previous July 1. Annual passes are valid for one year beginning
5.7the previous July 1.
5.8(b) The cost for a daily cross-country skier pass is $5 for an individual age 16 and
5.9over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
5.10only for the date designated on the pass form.
5.11(c) A pass must be signed by the skier across the front of the pass to be valid and
5.12becomes nontransferable on signing.
5.13(d) The commissioner and agents shall issue a duplicate pass to a person whose pass
5.14is lost or destroyed, using the process established under section 97A.405, subdivision 3,
5.15and rules adopted thereunder. The fee for a duplicate cross-country ski pass is $2.

5.16    Sec. 10. Minnesota Statutes 2012, section 97A.401, subdivision 3, is amended to read:
5.17    Subd. 3. Taking, possessing, and transporting wild animals for certain
5.18purposes. (a) Except as provided in paragraph (b), special permits may be issued without
5.19a fee to take, possess, and transport wild animals as pets and for scientific, educational,
5.20rehabilitative, wildlife disease prevention and control, and exhibition purposes. The
5.21commissioner shall prescribe the conditions for taking, possessing, transporting, and
5.22disposing of the wild animals.
5.23(b) A special permit may not be issued to take or possess wild or native deer for
5.24exhibition, propagation, or as pets.
5.25(c) Notwithstanding rules adopted under this section relating to wildlife rehabilitation
5.26permits, nonresident professional wildlife rehabilitators with a federal rehabilitation
5.27permit may possess and transport wildlife affected by oil spills.

5.28    Sec. 11. Minnesota Statutes 2012, section 116G.15, subdivision 7, is amended to read:
5.29    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
5.30section. By January 15, 2010, the commissioner shall begin the rulemaking required by
5.31this section under chapter 14. Notwithstanding sections 14.125 and 14.128, the authority
5.32to adopt these rules does not expire.
5.33EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.

6.1    Sec. 12. Laws 2007, chapter 57, article 1, section 4, subdivision 3, is amended to read:
6.2
Subd. 3.Water Resources Management
15,051,000
12,522,000
6.3
Appropriations by Fund
6.4
General
14,771,000
12,242,000
6.5
Natural Resources
280,000
280,000
6.6$310,000 the first year and $310,000 the
6.7second year are for grants associated with the
6.8implementation of the Red River mediation
6.9agreement.
6.10$65,000 the first year and $65,000 the
6.11second year are for a grant to the Mississippi
6.12Headwaters Board for up to 50 percent of
6.13the cost of implementing the comprehensive
6.14plan for the upper Mississippi within areas
6.15under its jurisdiction.
6.16$5,000 the first year and $5,000 the second
6.17year are for payment to the Leech Lake Band
6.18of Chippewa Indians to implement its portion
6.19of the comprehensive plan for the upper
6.20Mississippi.
6.21$200,000 the first year and $200,000 the
6.22second year are for the construction of ring
6.23dikes under Minnesota Statutes, section
6.24103F.161 . The ring dikes may be publicly
6.25or privately owned. If the appropriation in
6.26either year is insufficient, the appropriation
6.27in the other year is available for it. The base
6.28appropriation for fiscal year 2010 and later
6.29is $125,000.
6.30$2,250,000 the first year is to support the
6.31identification of impaired waters and develop
6.32plans to address those impairments, as
6.33required by the federal Clean Water Act, in
6.34accordance with Minnesota Statutes, chapter
6.35114D. This is a onetime appropriation.
7.1By January 15, 2008, the commissioner shall
7.2commence rulemaking under Minnesota
7.3Statutes, chapter 14, to update the minimum
7.4shoreland standards in Minnesota Rules,
7.5chapter 6120. Notwithstanding Minnesota
7.6Statutes, sections 14.125 and 14.128, the
7.7authority to adopt these rules does not expire.
7.8$60,000 the first year is a onetime
7.9appropriation to the commissioner of natural
7.10resources to conduct a feasibility study
7.11in conjunction with U.S. Army Corps of
7.12Engineers on the foundation and hydraulics
7.13of the Rapidan Dam in Blue Earth County.
7.14This appropriation must be equally matched
7.15by Blue Earth County, and is available until
7.16expended.
7.17$500,000 in fiscal year 2008 is for addressing
7.18surface and groundwater issues related to
7.19the development and expansion of ethanol
7.20production.
7.21EFFECTIVE DATE.This section is effective retroactively from July 1, 2007.

7.22    Sec. 13. RULEMAKING AUTHORITY.
7.23The commissioner of natural resources may use the good cause exemption under
7.24Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules to conform
7.25with section 10, and Minnesota Statutes, section 14.386, does not apply except as provided
7.26under Minnesota Statutes, section 14.388.

7.27    Sec. 14. RULEMAKING; DISPLAY OF PADDLE BOARD LICENSE
7.28NUMBERS.
7.29(a) The commissioner of natural resources shall amend Minnesota Rules, parts
7.306110.0200, 6110.0300, and 6110.0400, to exempt paddle boards from the requirement to
7.31display license certificates and license numbers, in the same manner as other nonmotorized
7.32watercraft such as canoes and kayaks.
8.1(b) The commissioner may use the good cause exemption under Minnesota Statutes,
8.2section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
8.3Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
8.4section 14.388.

8.5    Sec. 15. REPORT TO LEGISLATURE.
8.6By January 15, 2015, the commissioner shall report to the chairs and ranking minority
8.7members of the house of representatives and senate committees with jurisdiction over
8.8environment and natural resources on progress on rulemaking under sections 11 and 12.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569